Question 1

What is included in US trademark filing?

Accepted Answer

Attorney-prepared USPTO application for your word, logo, or combined mark, with review of your goods/services description and filing details.

Question 2

How long until filing?

Accepted Answer

We typically prepare and submit within 1–3 business days after receiving your information and any required specimens.

Question 3

What's a 'class' in trademarks?

Accepted Answer

Goods and services are grouped into 45 Nice classes. Filing fees are charged per class.

Question 4

How are prices calculated?

Accepted Answer

First class is $995 for a word or logo filing and $1,495 for a word+logo filing. Each additional class is $350 (word/logo) or $500 (combined).

Question 5

Are USPTO fees included?

Accepted Answer

Yes. The fees on this page include both the USPTO government filing fees as well as our professional fees. There are no hidden costs – the price you see is the total price for filing.

Question 6

Does this include a clearance search?

Accepted Answer

A clearance search is not included by default. However, we strongly recommend conducting a comprehensive trademark search before filing to identify potential conflicts. We can attend to a search separately – visit our [USA Trademark Search service](https://aircounsel.com/usa/usa-trademark-search) to order a search.

Question 7

What do you need from me?

Accepted Answer

Your mark format (word, logo, or both), the word(s) if applicable, a logo file for logo/combined filings, and a short description of your goods/services. For use-based filings, a specimen may be required.

Question 8

Will you help with classes?

Accepted Answer

Yes. Provide your product/service description and we'll suggest relevant classes and draft compliant descriptions.

Question 9

How long does the entire USPTO trademark registration process take?

Accepted Answer

The complete process typically takes 8–12 months from filing to registration, assuming no objections or office actions. Initial examination begins 3–4 months after filing. If the USPTO issues an office action, responses can add 3–6 months to the timeline.

Question 10

What is the difference between 'Intent to Use' and 'Use in Commerce' filing basis?

Accepted Answer

'Use in Commerce' (Section 1(a)) means you are already using the mark in interstate commerce and can provide a specimen showing actual use. 'Intent to Use' (Section 1(b)) allows you to reserve a mark before use, but you must file a Statement of Use with evidence of use before registration is granted. Intent to Use filings require an additional filing fee when you later submit proof of use.

Question 11

What happens after my application is filed?

Accepted Answer

After filing, the USPTO assigns a serial number and begins examination within 3–4 months. An examining attorney reviews your application for compliance with federal law and checks for conflicting marks. If approved, your mark is published for opposition (30 days). If no oppositions are filed, your mark proceeds to registration (for use-based) or you'll need to file a Statement of Use (for intent-to-use).

Question 12

What is a specimen and when do I need one?

Accepted Answer

A specimen is proof that you are using the trademark in commerce. For goods, specimens include product labels, tags, or packaging showing the mark. For services, specimens include advertising, brochures, or website screenshots showing the mark in connection with the services. Use-based (1(a)) applications require a specimen at filing; Intent-to-Use (1(b)) applications submit specimens later with the Statement of Use.

Question 13

What if the USPTO issues an office action?

Accepted Answer

An office action is a letter from the USPTO examining attorney raising concerns about your application – this could be a refusal based on likelihood of confusion with an existing mark, descriptiveness issues, or technical deficiencies. You have six months to respond. We help you craft appropriate responses, which may include legal arguments, evidence, amendments to the application, or disclaimers. Many office actions can be successfully overcome.

Question 14

Can I file my trademark internationally?

Accepted Answer

Yes. The USPTO registration can serve as a basis for international filings. The Madrid Protocol allows you to file in over 120 countries through a single application. Alternatively, you can file directly in specific countries. International trademark strategy depends on where you do (or plan to do) business. We can advise on international options after your US filing.

Question 15

How long does trademark protection last?

Accepted Answer

Federal trademark registrations last 10 years and can be renewed indefinitely in 10-year increments, as long as you continue using the mark in commerce. You must file a Declaration of Use between the 5th and 6th year after registration to maintain your registration. Failure to file required maintenance documents results in cancellation.

Question 16

What is the difference between ® and ™ symbols?

Accepted Answer

The ® symbol (registered trademark) can only be used after your mark is officially registered with the USPTO. Using ® before registration is illegal and can jeopardize your application. The ™ symbol (trademark) can be used at any time to indicate you are claiming rights in a mark, even before filing or during the application process. ℠ is used similarly for service marks.

Question 17

Can I trademark a generic or descriptive term?

Accepted Answer

Generic terms (e.g., 'Computer' for computers) cannot be trademarked. Merely descriptive terms (e.g., 'Fast Delivery' for shipping services) are typically refused unless they have acquired secondary meaning through extensive use. Suggestive, arbitrary, or fanciful marks are strongest. Our attorneys will review your proposed mark for registrability issues and suggest alternatives if needed.

Question 18

What are the maintenance requirements after registration?

Accepted Answer

You must file a Declaration of Continued Use (Section 8) between the 5th and 6th year after registration. At the 10-year mark, you file a combined Declaration of Use and Application for Renewal (Sections 8 & 9). These filings repeat every 10 years thereafter. Each filing requires evidence of continued use and payment of USPTO fees. We can remind you of upcoming deadlines and handle these maintenance filings.

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